MORADABAD DEVELOPMENT AUTHORITY Vs. GURUDEESH KUMAR DODA

JUDGEMENT

(1.) This case revolves around the question whether the petitioner, Moradabad Development Authority is liable to return the alleged excess amount in the sum of Rs.20,000/- etc. to the complainant/respondent. We have seen the brochure which clearly, specifically and unequivocally mentions that 200 sq.mt. of the plot is worth Rs.85,000/-. At Note No.1, it was specifically stated that these were the estimated rates. Subsequently, the rate was enhanced and a sum of Rs.1,05,000/- was charged from the complainant. The OP/petitioner escalated the price on 08.09.1990, of the above registered land upto Rs.20,000/- i.e. Rs.100/- per sq.mt. The complainant filed complaint before the District Forum. During the pendency of the case, the matter was settled and the following order, dated 15.11.1991, was passed :-

(2.) On 15.11.1992, as per the Undertaking given by the District Forum, the complainant was allotted plot No. D-104, vide lottery draw. The complainant was assured that he would be given the said land D-104 in the near future and directed him to deposit Rs.50,000/- upto 30.07.1992. The complainant requested the petitioner to allow to deposit Rs.25,000/- but the said letter was not replied by petitioner/OP, arbitrarily. However, the complainant deposited Rs.25,000/- on 21.07.1992. On 01.12.1992, the complainant requested the authority for handing over the possession of the allotted land and to know about the time duration for depositing the balance amount in one installment as per compromise. The authority did not respond. From December, 1992 to November, 1993, the complainant continuously visited and sent letters to the office for getting the possession of the allotted land but the authority did not act. The complainant was informed vide letter dated 07.12.1993 that the said land came under the ceiling land and instead, they offered to give him another land bearing No.D-98. The complainant accepted the same. However, the possession was not given despite many requests.

(3.) On 07.02.1994, the complainant was offered land bearing No.D-98 at Rs.1,05,000/-. He was asked to deposit the balance amount of Rs.69,500/-. The authority also demanded Rs.2,201/- towards interest @ 15% p.a. They also demanded Rs.10,500/- shown as lease rent for 80 years @ 10%. The complainant was called upon to deposit the amount till 10.02.1994. The complainant was forced to deposit Rs.1,05,000/- on 08.02.1994 and the authority gave the physical possession of the said premises on 19.02.1994.